Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 56777 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220919–0193; RTID 0648– 

XD222] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

Closure of the General Category June 

Through August Fishery for 2023 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the General 

category fishery for large medium and 

giant (i.e., measuring 73 inches (185 cm) 

curved fork length or greater) Atlantic 

bluefin tuna (BFT) for the remainder of 

the June through August time period. 

This action applies to Atlantic Tunas 

General category (commercial) 

permitted vessels and highly migratory 

species (HMS) Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. This action also 

waives the previously-scheduled 

restricted-fishing days (RFDs) for the 

remainder of the June through August 

time period. With the RFDs waived 

during the closure, fishermen aboard 

General category permitted vessels and 

HMS Charter/Headboat permitted 

vessels may tag and release BFT of all 

sizes, subject to the requirements of the 

catch-and-release and tag-and-release 

programs. On September 1, 2023, the 

fishery will reopen automatically and 

previously-scheduled RFDs for 

September will resume. 

DATES: Effective 11:30 p.m., local time, 

August 17, 2023, through August 31, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Becky Curtis, becky.curtis@noaa.gov, 

301–427–8503, or Larry Redd, Jr., 

larry.redd@noaa.gov, 301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

Under § 635.28(a)(1), NMFS files a 

closure action with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on or after 

the effective date and time of a closure 

notice for that category until the 

opening of the relevant subsequent 

quota period or until such date as 

specified. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The current baseline quota for the 

General category is 710.7 mt. The 

General category baseline quota is 

suballocated to different time periods. 

Relevant to this action, the baseline 

subquota for the June through August 

time period is 355.4 mt. 

Closure of the June Through August 

2023 General Category Fishery 

To date, reported landings for the 

General category June through August 

time period total approximately 344 mt. 

Based on these landings, NMFS has 

determined that the June through 

August time period subquota of 355.4 

mt is projected to be reached and 

exceeded shortly. Therefore, retaining, 

possessing, or landing large medium or 

giant (i.e., measuring 73 inches (185 cm) 

curved fork length or greater) BFT by 

persons aboard vessels permitted in the 

Atlantic Tunas General category and 

HMS Charter/Headboat permitted 

vessels (while fishing commercially) 

must cease at 11:30 p.m. local time on 

August 17, 2023. This action applies to 

Atlantic Tunas General category 

(commercial) permitted vessels and 

HMS Charter/Headboat permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT and is taken 

consistent with the regulations at 

§ 635.28(a)(1). The General category will 

automatically reopen September 1, 

2023, for the September 2023 time 

period. 

Adjustment of Daily Retention Limit for 

Selected Dates 

On May 25, 2023 (88 FR 33839), 

NMFS published a final rule 

implementing RFDs every Tuesday, 

Friday, and Saturday from July 1 

through November 30, 2023. Since the 

fishery will be closed for the remainder 

of the June through August time period, 

NMFS has decided to waive the 

previously-scheduled RFDs for the 

remainder of that time period. 

Previously-scheduled RFDs will resume 

on September 1, 2023. 

With the RFDs waived during the 

closure, consistent with § 635.23(a)(4), 

fishermen aboard General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels may tag and 

release BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. All BFT that are released must 

be handled in a manner that will 

maximize their survival, and without 

removing the fish from the water, 

consistent with requirements at 

§ 635.21(a)(1). For additional 

information on safe handling, see the 

‘‘Careful Catch and Release’’ brochure 

available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fisheries closely. Dealers are 

required to submit landing reports 

within 24 hours of a dealer receiving 

BFT. Late reporting by dealers 

compromises NMFS’ ability to timely 

implement actions such as quota and 

retention limit adjustments, as well as 

closures, and may result in enforcement 

actions. Additionally, and separate from 

the dealer reporting requirement, 

General and HMS Charter/Headboat 

category vessel owners are required to 

report the catch of all BFT retained or 

discarded dead within 24 hours of the 

landing(s) or end of each trip, by 

accessing https://www.hmspermits.

noaa.gov, using the HMS Catch 

Reporting app, or calling 888–872–8862 

(Monday through Friday from 8 a.m. 

until 4:30 p.m.). 

After the fishery reopens on 

September 1, depending on the level of 

fishing effort and catch rates of BFT, 

NMFS may determine that additional 

adjustments are necessary to ensure 

available subquotas are not exceeded or 

to enhance scientific data collection 

from, and fishing opportunities in, all 

geographic areas. If needed, subsequent 


lotter on DSK11XQN23PROD with RULES1
56778 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations 

adjustments will be published in the 

Federal Register. In addition, fishermen 

may access https://www.hmspermits.

noaa.gov, for updates on quota 

monitoring and inseason adjustments. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS (AA) finds that pursuant to 5 

U.S.C. 553(b)(B), there is good cause to 

waive prior notice and opportunity to 

provide comment on this action, as 

notice and comment would be 

impracticable and contrary to the public 

interest for the following reasons. 

Specifically, the regulations 

implementing the 2006 Consolidated 

HMS FMP and amendments provide for 

inseason retention limit adjustments 

and fishery closures to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. Providing 

for prior notice and an opportunity to 

comment is impracticable and contrary 

to the public interest as this fishery is 

currently underway and, based on 

landings information, the available time 

period subquota is projected to be 

reached shortly. Delaying this action 

could result in BFT landings exceeding 

the June through August time period 

subquota. Taking this action does not 

raise conservation or management 

concerns. NMFS notes that the public 

had an opportunity to comment on the 

underlying rulemakings that established 

the U.S. BFT quota and the inseason 

adjustment criteria. 

For all of the above reasons, the AA 

also finds that pursuant to 5 U.S.C. 

553(d), there is good cause to waive the 

30-day delay in effective date. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 16, 2023. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2023–17915 Filed 8–16–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD263] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear, trawl catcher 

vessels, and catcher vessels greater than 

or equal to 60 feet (18.3 meters (m)) 

length overall (LOA) using hook-andline gear to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the 2023 total allowable catch (TAC) of 

Pacific cod to be harvested. 

DATES: Effective August 18, 2023, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Regulations 

governing fishing by U.S. vessels in 

accordance with the FMP appear at 

subpart H of 50 CFR part 600 and 50 

CFR part 679. 

The 2023 Pacific cod TAC specified 

for vessels using jig gear in the BSAI is 

748 metric tons (mt) as established by 

the final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI (88 FR 14926, March 10, 2023), 

correction (88 FR 18258, March 28, 

2023), and reallocation (88 FR 18443, 

March 29, 2023). 

The 2023 Pacific cod TAC specified 

for trawl catcher vessels in the BSAI is 

26,807 mt as established by the final 

2023 and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023) and correction (88 FR 

18258, March 28, 2023). 

The 2023 Pacific cod TAC specified 

for catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using hook-andline gear in the BSAI is 241 mt as 

established by the final 2023 and 2024 

harvest specifications for groundfish in 

the BSAI (88 FR 14926, March 10, 2023) 

and correction (88 FR 18258, March 28, 

2023). 

The 2023 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear in 

the BSAI is 3,360 mt as established by 

final 2023 and 2024 harvest 

specifications for groundfish in the 

BSAI (88 FR 14926, March 10, 2023), 

correction (88 FR 18258, March 28, 

2023), and reallocation (88 FR 18443, 

March 29, 2023). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 650 mt of the 2023 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(1), 

trawl catcher vessels will not be able to 

harvest 500 mt of the 2023 Pacific cod 

TAC allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(9), and catcher 

vessels greater than or equal to 60 feet 

(18.3 m) LOA using hook-and-line gear 

will not be able to harvest 230 mt of the 

2023 Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(3). 

Therefore, in accordance with 

§ 679.20(a)(7)(iv)(C), NMFS apportions 

650 mt of Pacific cod from the jig 

vessels to the annual amount specified 

for catcher vessels less than 60 feet (18.3 

m) LOA using hook-and-line or pot gear. 

Also, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS reallocates 

500 mt from trawl catcher vessels, and 

230 mt from the catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using hook-and-line gear to the annual 

amount specified for catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear. 

The harvest specifications for 2023 

Pacific cod included in final 2023 and 

2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023), correction (88 FR 

18258, March 28, 2023), and 

reallocation (88 FR 18443, March 29, 

2023) is revised as follows: 98 mt to 

vessels using jig gear, 26,307 mt to trawl 

catcher vessels, 11 mt to catcher vessels 

greater than or equal to 60 feet (18.3 m) 

LOA using hook-and-line gear, and 

4,740 mt to catcher vessels less than 60 

feet (18.3 m) LOA using hook-and-line 

or pot gear. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 


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